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HomeMy WebLinkAboutRedevelopment Agency - 170 RESOLUTION NO. 170 A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY APPROVING THE DRAFT AMENDED REDEVELOPMENT PLAN, APPROVING THE DRAFT ENVIRONMENTAL IMPACT REPORT, APPROVING THE RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES, AND TENANTS FOR AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT, AND AUTHORIZING DISTRIBUTION OF THE DRAFT AMENDED REDEVELOPMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT TO ALL AFFECTED TAXING ENTITIES AND RESPONSIBLE ENVIRONMENTAL AGENCIES WHEREAS, the HUNTINGTON BEACH REDEVELOPMENT AGENCY ( the "AGENCY" ) has prepared a proposed Draft Amended Redevelopment Plan ( the "DRAFT PLAN" ) for Amendment No . One to the OAKVIEW REDEVELOPMENT PROJECT ( the "PROJECT" ) ; and, The DRAFT PLAN' meets the requirements of the California Community Redevelopment Law (Health and Safety Code, §33000 et . seq. ) ; and, The DRAFT PLAN will eliminate those conditions which have caused a reduction of, or lack of, proper utilization of the Project Area to such an extent that the Project Area constitutes a serious physical , social, or economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise acting alone; and, Based upon a determination that the PROJECT might have a significant impact on the environment , a Draft Environmental Impact Report has been prepared for this PROJECT; and, The AGENCY desires, whenever consistent with the objectives of the DRAFT PLAN, to provide for owner participation in the redevelopment of the Project Area and to give preference to existing -1- owners and business tenants for reentry into businesses in the Project Area . NOW, THEREFORE, IT IS HEREBY RESOLVED by the Redevelopment Agency of the City of Huntington Beach as follows : Section 1 . The DRAFT PLAN for Amendment No . One to the Oakview Redevelopment Project , a copy of which is on file with the AGENCY Secretary, is hereby approved for transmittal . The Executive Director of the AGENCY is hereby authorized and directed to transmit a copy of the DRAFT PLAN to the Planning Commission, of the City of Huntington Beach, for its report and recommendation concerning the DRAFT PLAN and its conformity to the General Plan in accordance with Health and Safety Code, §33346 . The Executive Director is further authorized and directed to transmit a copy of said DRAFT PLAN to all governmental officials as required by law. Section 2 . The Executive Director of the AGENCY is hereby authorized and directed to submit the Draft Environmental Impact Report , for public review, in accordance with the California Environmental Quality Act, as amended, and the State and local guidelines for implementation of the California Environmental Quality Act . Section 3 . The Rules governing Participation an Preferences by Owners, Operators of Businesses , and Tenants ( the "RULES" ) attached hereto, labeled Exhibit "A" and incorporated herein by reference, are hereby approved and adopted . The Executive Director of the AGENCY is hereby authorized and directed to make said RULES available at the offices of the AGENCY -2 170 for inspection by all interested persons and to publish a notice of the availability thereof in the notice of public hearing on the _1 DRAFT PLAN. PASSED AND ADOPTED at a regular meeting of the Redevelopment Agency of the City of Huntington Beach on the 21st day of February, 1989 . i .-LL- �GLc-Lc-cr."► .�� Chairman ATTEST: APPROVED AS TO FORM: Secretary City Attorney REVIEWED AND APPROVED: NITIATED AND APPROVED: PL/U S x i�14 City Administrator Di ctor of Economic De lopment -3- 170 I EXHIBIT "A" RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES, AND TENANTS AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT Prepared by: Urban Futures, Incorporated Fullerton, California Advisors to the Huntington Beach Redevelopment Agency i i 170 HUNTINGTON BEACH REDEVELOPMENT AGENCY RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES, AND TENANTS FOR AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT Section I. GENERAL These rules are promulgated to implement the provisions of the amended Redevelopment Plan (the "Plan") for Amendment No. One to the Oakview Redevelopment Project regarding participation and the exercise of preferences by owners, operators of businesses, and tenants in the Project Area. These rules set forth the procedures governing such participation. Participation is desired in the restoration and redevelopment of the Project Area by as many owners and tenants as possible. The Agency shall extend preferences to persons who are owners and tenants in the Project Area, to continue in or, if the Agency acquires the land of an owner or the land on which a tenant is located, to re-enter the Project Area if any such owner or tenant otherwise meets the requirements prescribed in the Plan and in these Rules. The Agency is also authorized to permit persons who are owners of real property in the Project Area to be given the opportunity to participate in the restoration and redevelopment of the Project Area by retaining, and if necessary rehabilitating, all or a portion of their properties, by acquiring adjacent or other properties in the Project Area, by selling their properties to the Agency and purchasing other properties in the Project Area or by selling improvements to the Agency and redeveloping their property. Participation opportunities shall necessarily be subject to and limited by such factors as the following: 1 »n 1 . Removal, relocation and/or installation of public utilities and public facilities. I 2 . The elimination and changing of some land uses. 3 . The realignment, abandonment, widening or opening of public rights-of-way. 4 . The ability of owners to finance acquisition and development in accordance with the Plan. 5. Any reduction in the total number of individual parcels in the Project Area. 6. The assembly and development of areas for public and/or private development in accordance with the Plan. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and tenants and to determine a solution by consideration of such factors as -, length of time in the area; accommodation of as many participants as possible; ability to perform; similar land use to similar land use; and conformity with the intent and purpose of the Plan. Participation to the extent feasible shall be available for two or more persons, firms or institutions, to join together in partnerships, corporations, or other joint entities. Section II. TYPES OF PARTICIPATION Participation includes remaining in substantially the same location either by retaining all or portions of the property, or by retaining all or portions of the property and purchasing adjacent property from the Agency. An owner who participates in the same location may be required to rehabilitate or demolish all or part of his existing buildings or the Agency may acquire the buildings only and then remove or demolish the buildings. Participation also includes the Agency buying land and improvements at fair market value from existing owners, and offering other parcels for purchase by such participants. Participation also includes business and residential tenants obtaining preferences to re-enter the Project Area. 2 1 2 170 i Section III . PARTICIPATION PROCEDURE A. Certificate of Conformance The Project Area contains many parcels of real property, and as such, there is a need to simplify the availability of participation opportunities. Therefore, as an alternative to requiring a participation agreement for each property not to be purchased or subject to Agency acquisition by eminent domain, the Agency is authorized to make determinations of those properties which conform to the Plan. The Agency shall in good faith review the property contained in the Project Area and issue Certificates of Conformance to qualifying properties as soon as possible, consistent with the restoration and redevelopment permitted by the Plan and specific designs for development adopted by the Agency pursuant to the Plan. B. Participation Agreements The Agency is authorized to enter into participation agreements regarding properties not purchased or not to be purchased by the _ Agency and not included in an Agency Certificate of Conformance. Each agreement will contain provisions necessary to insure that the participation proposal will be carried out, and that the subject property will be developed or used in accordance with the conditions, restrictions, rules and regulations of the Plan and the agreement. Each agreement will require the participant to join in the recordation of such documents as the Agency may require to insure such development and use. Participation agreements will be effective only if approved by the Members of the Agency. C. Statements of Interest Before making offers to purchase property in the Project Area, the Agency shall notify the owners of any such properties by certified mail, return receipt requested, that the Agency is considering the acquisition of such property. The Agency shall include a form entitled "Statement of Interest in Participation" with the notification. Within 30 days of receipt of such notification any owner interested in participating in the Project Area shall file a "Statement of Interest in Participation" . ' I 1 3 170 I I. The Agency may disregard any Statements received after such 30-day period. Any owner or tenant may also submit such a statement at any time before such notification. The Agency shall consider such Statements as are submitted on time and seek to develop reasonable participation in accordance with the Plan and any design for development adopted by the Agency, for those submitting such statements to stay in place, to move to another location, or to obtain preferences to re-enter the Project Area. The submission of a Statement does not guarantee that a property owner or tenant will be permitted to retain such property. Section IV. ENFORCEMENT In the event a property is not developed or used in conformance with the Plan, and with a Certificate of Conformance or a Participation Agreement, then the Agency is authorized to: (1) purchase the property; (2) purchase any interest in the property sufficient to obtain conformance; or (3) take any other appropriate action sufficient to obtain such conformance. Section V. AMENDMENTS OF OWNER PARTICIPATION RULES The Agency may amend these Rules at any meeting held after their adoption but only after notice to the Agency Members. Such notice shall be delivered at least ten (10) days before the date of the meeting at which the proposed amendment will be considered. z I 4 170 HUNTINGTON BEACH REDEVELOPMENT AGENCY AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT STATEMENT OF INTEREST IN PARTICIPATION I hereby express my interest in participating in the Redevelopment Project and submit the following information: 1. Name Phone 2 . Home Address 3 . Name of Business 4 . Address of Business 5. My present involvement in the Project Area is: I now own property in the Project I now lease property in the Project Explain: 6. I am interested in participating: As a Property Owner As a Tenant 7 . If I Participate: I would like to continue at the same location I would like to change my present location I would like to acquire real property for expansion (indicate approximate requirements) REMARKS• Signed Date 170 Res. No. 170 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF HUNTINGTON BEACH) I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the list day of February 19 89, and that it was so adopted by the following vote: AYES: Members: Green, Winchell , Bannister, Mays, Silva NOES: Members: None ABSENT: Members: MacAllister, Erskine Clerk of. the RedevelopmeAt Agency of the City. of Huntington Beach, Ca. I